MC0-08402

MC0-08402

The RAD confirmed the RPD: on the balance of probabilities Lagos is a viable IFA because there is no serious possibility of persecution there from the named agents and, given the appellants' profiles and available country conditions (employment prospects, family ties, mental health services, distance and lack of evidence of state complicity), relocation to Lagos would not be unreasonable.

Citation
MC0-08402
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 January 2021
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Refugee Appeal Division Decision on Viability of Internal Flight Alternative (rad Confirmation of Rpd)
Outcome
Appeals dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Convention Refugee Determination, State Protection, Standard of Review, Country Condition Evidence, Mental Health and Protection
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Determination State Protection Standard of Review Country Condition Evidence +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX XXXX

Minor Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Refugee Appeal Division Decision on Viability of Internal Flight Alternative (rad Confirmation of Rpd)

Legal Issues

  1. 1 Whether the appellants have a viable internal flight alternative (IFA) in Lagos
  2. 2 Whether the RPD erred in its assessment of risk, state complicity and reasonableness of relocation

Ratio Decidendi

The RAD confirmed the RPD: on the balance of probabilities Lagos is a viable IFA because there is no serious possibility of persecution there from the named agents and, given the appellants' profiles and available country conditions (employment prospects, family ties, mental health services, distance and lack of evidence of state complicity), relocation to Lagos would not be unreasonable.

Court Disposition

Appeals dismissed; RPD decision confirmed

Orders

  • Appeals dismissed and RPD decision of March 2, 2020 confirmed